Export of nickel ore: Should restrictions be regulated in Indonesia?

Indonesia has implemented a policy to regulate its nickel ore exports, but this has drawn criticism from Europe. Indonesia’s restriction on nickel ore exports is viewed as a violation of trade regulations, particularly the principle outlined in Article XI:1 of the General Agreement on Tariffs and Trade (GATT), which prohibits such restrictions. This study delves into enforcing regulations limiting the quantity of exported goods. It assesses Indonesia’s export restriction policies within the framework of international trade law, with a particular focus on GATT. Employing a legal research method, this study examines primary legal documents such as provisions from GATT, the 1945 Constitution, Law No. 3 of 2020 (which amends Mineral Law No. 4 of 2009 on mineral and coal mining), and Ministerial Regulations No. 1 of 2017, supplemented by Ministerial Decree No. 96 of 2019 concerning the export conditions for processed and refined mining products. Secondary legal documents are obtained through library searches, legal journals, reference books, and online resources. The researchers utilize an Analytical and Conceptual approach to develop legal arguments for addressing the legal issues encountered. For legal collection techniques literature, done through a bibliographic study with the tool used is the literature review. More than that, Legal documents are analyzed and synthesized systematic use of deductive logic. This research shows that Indonesia’s actions follow Article XI: 2(a), which allows for exceptions to the rule of limiting quantities under certain conditions. The restrictions on nickel exports in Indonesia are intended to protect the environment and prevent resource depletion. Additionally, these measures aim to enhance the domestic battery industry, thereby contributing to the country’s economic growth. So, the decisions made by the Indonesian government are in accordance with the rules that apply throughout the world.